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144 Introduction to OSHA
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144 Introduction to OSHA

Right to Refuse Dangerous Work

OSHA regulation 29 CFR 1977.12(b) protects workers who refuse dangerous work under limited conditions when they believe, in good faith, that performing the task would expose them to an imminent danger.

Worker performing imminent danger task. Proper safety controls must be provided.
Some jobs are so dangerous that they might pose an imminent danger without proper safety controls.

Imminent Danger

A hazard is considered an imminent danger when:

  • There is a threat of death or serious physical harm. Serious physical harm means an injury that permanently or significantly impairs the use of a body part or bodily function.
  • For health hazards, exposure to toxic substances or other hazards is expected to shorten life or substantially reduce physical or mental ability. The harmful effects do not have to occur immediately.
  • The danger is immediate, meaning death or serious physical harm could occur before OSHA has time to investigate and the employer can correct the hazard.

You should not leave the worksite merely because you have filed an OSHA complaint. OSHA 29 CFR 1977.12(b) states that your right to refuse to do a task is protected only if ALL of the following conditions are met:

  1. Where possible, you have asked the employer to eliminate the danger or assign other work.
  2. The employer refuses or fails to eliminate the danger or assign you to other work.
  3. You refuse to work in good faith because you genuinely believe that an imminent danger exists.
  4. A reasonable person would agree that there is a real danger of death or serious physical harm.
  5. There is not enough time, because of the urgency of the hazard, to have the condition corrected through regular enforcement channels, such as requesting an OSHA inspection.

If these conditions are met, you should:

  1. Ask your employer to correct the hazard or to assign other work.
  2. Tell your employer that you will not perform the work until the hazard is corrected.
  3. Remain at the worksite until your employer directs you to leave.

Note: OSHA 29 CFR 1977.12(b) also states that there is no right afforded by the Act which would entitle employees to walk off the job because of potential unsafe conditions at the workplace. In most cases, you should report the hazard to your employer so it can be corrected. Your employer may discipline you for refusing to perform your assigned work unless your situation meets OSHA's limited conditions for refusing dangerous work described above.

If your employer retaliates against you for refusing dangerous work under these protected conditions, contact OSHA immediately. Whistleblower retaliation complaints generally must be filed with OSHA within 30 days of the alleged retaliatory action. See the next module for more information about whistleblower protections.

Knowledge Check Choose the best answer for the question.

2-11. What is one of the conditions that must be met before you have the right to refuse to do a task?

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